gordieboyglasgow v BOS

[buzby]

Well, it's all part of the HBOS Group, but if it was me I'd still look to enforce your claim - you DID serve the documentation on their Registered Office address (The Mound, Edinburgh?). They would have had time to amend the PLC if they wanted, but I don;t see them successfully challenging the whole decree based on the 'PLC'. So, sit tight, get the Sheriff Officers to serve a Charge on the HQ, and follow up with enforcement if nothing happens.

[buzby]

You're probably spot on - however as you are aware, since you have Decree, every action you instruct Sheriff Officers adds to the bill, so there's nothing to stop you advising Ms Hinchcliffe that you are not really responsible for the lack of communication between her Head Office and Halifax. The Charge has been lawfully served, and they have 14 days in which to make payment if full (their time to appeal it ended when you recieved the Decree). You would be prepared to pop into a BoS/HBOS branch for the documents to be faxed to her, however in the absence of any payment by the due date, you are left with no alternative but to formally request Sheriff Officers to call at The Mound to obtain payment.

[buzby]

No there's no need to do this. The court is finished with the matter, and enforcement (being your responsibility) is in your hands. If they've paid out all your costs of the action, the sum sued for, the Charge and any Sheriff Officer fees after Decree was granted - that's it. Lie down in a darkend room and celebrate your win! You only need to inform the court if they settled prior to action and you are requesting a Discontinuance.

[buzby]

You DID get a Decree in your favour....? The only time you would ever be requested to contact the court and advise of settlement would be if the Sheriff had still not decided the issue (ie the case was still ongoing). After judgement, it doesn't matter!

[buzby]

Looking into this a bit further, it apppears just as we saps get reported to Registry Trust for our Decrees and CCJ as individuals, companies do too - Standard & Poors, not forgetting Dunn & Bradstreet keep note of all the judgements against Ltd Co's and Plc and use it to calculate their creidt rating as a 'blue chip' company or otherwise.

 

It would appear writing to the court would simply allow the Company CRAs looking after company legal actions to report that the claimed debt was 'satisfied'. So it really is up to you, but if you didn;t want to assist them, there's nothing I can find that says you should!

[buzby]

Unfortunately, they don't take input from 'concerned' individuals!

[buzby]

Shame. I don't see this as being a problem, as nobody turned up. A fresh action, paying the new £44 fee will get things moving again, and take care of the paperwork!

[buzby]

As mich as I like to think of it as a cist - it's actually SIST (a different thing entirely). Anyway, what concerns me is that you didn't appear to go to court on the day your case called.... why was this?

 

The bank are your enemy, and can tell you anything they want to mislead or wrong-foot you, but their interest are not your interests, and they can say what they plan to you, but do something completely different on the day.

 

Faced with the lack of a pursuer, a bank solicitor could tell the court that as you've not turned up, you've clearly lost interest and ask for a dismissal. You then lose the case, and you cannot raise the action again. I'd contact the Sheriff Clerk with your case number and ask what is the status of the action, as only knowing that can accurate info be offered!